A Study On The Legal Issues Of The Recognition Of Foreign Homosexual Marriage

So far,47 countries and regions in the world have given same-sex marriage legal status,and most of them are distributed in western countries such as America and Europe.On the contrary,the same-sex marriage is basically prohibited in Asian countries,and the legalization of same-sex marriage is also prohibited in China.However,different countries which prohibit same-sex marriage have different attitudes towards foreign-related same-sex marriage.Some countries recognize foreign-related same-sex marriage by issuing a special partner certificate;some countries recognize existing foreign-related same-sex marriage,but Chinese law does not recognize the effect of foreign-related same-sex marriage.Nowadays,there are frequent exchanges among countries all over the world,the population flow is gradually increasing,and the cases of foreign-related same-sex marriage are also increasing.It is not uncommon for the same-sex marriage parties to come to our country to work and live.We can not require the same-sex marriage parties not to have litigation disputes in our country.If there are litigation disputes,it is not necessary in our country On the premise of recognizing the validity of same-sex marriage,Chinese courts will invoke the reservation system of public order to exclude the application of foreign laws,and then judge the validity of foreign-related same-sex marriage according to the guidelines of Chinese conflict norms,which is not conducive to the settlement of property,adoption,inheritance and other disputes arising from foreign-related same-sex marriage.There are still legislative and judicial obstacles in the recognition of foreign-related same-sex marriage in China.The traditional family concept and legal moralization also hinder the process of recognition of foreign-related same-sex marriage.This paper first expounds the concept and types of foreign-related same-sex marriage and the concept of recognition of foreign-related same-sex marriage.Then,starting from the analysis of the necessity of recognition of foreign-related same-sex marriage,this paper makes a comparative study between countries that recognize same-sex marriage and countries that prohibit same-sex marriage but have a moderate attitude towards foreign-related same-sex marriage,This paper summarizes the formulation and recognition of the two legal norms,and focuses on the analysis of the legal provisions of countries that do not recognize same-sex marriage but recognize foreign-related same-sex marriage.Then,it puts forward the specific problems of the recognition of the same-sex marriage in China,including whether there are obstacles in the legislation of the same-sex marriage And the prudent application of Public Order Reservation System in specific cases.It is expected to make up for the gap in foreign-related same-sex marriage in China through analysis and demonstration.